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CC 05-02-94 4 . CC-879 MINUTES Cupertino City Council Regular Meeting May 2, 1994 PLEDGE OF ALLEGIANCE At 6:45 p.m., Mayor Koppel called the meeting to order in the City Council Cbambers, 10300 Torre Avenue, Cupertino. ROLLCALL Council members present: Jolm Bautista, Don Burnett, LauraIee Sorensen, Wally Dean, and Mayor Barbara Koppel. Council members absent: None. Staff Present; City Ma.'l88er Don Brown City Clerk Kim Smith Administrative Services Director Blaine Snyder Community Development Director Bob Cowan City Attorney Charles Kilian Parks and Recreation Director Steve Dowling Public Information Officer Donna KIey Public Works Director Bert Viskovich ORAL COMMUNICATIONS Mr. Bob Skyles, 1030 I StonydaIe Drive, asked that Council consider an ordinSlnç.e which would prohibit the use of gas-powered leaf blowers, as the City of Los Altos has done. Mr. Skyles discussed some incidents when leaf blowers had created a nuisance. He said another solutio'1 might be to establish noise limits for the leaf blowers. Mr. Lieberman, 10261 StonydaIe Drive, concurred with Mr. Skyles. He described a recent discussion with a gardener on their street, who bad agreed to use a rake after the neighbors complained to him. He pointed out that the problem is not created by the property owner, but rather by the tools chosen by the gardener. Mr. Lieberman said that others in his neighborhood were also in favor of banning the leafblowers. Mr. Floyd Meyer, 10486 Westacres Drive, announced that he was starting a church in his home to help those who have AlDS or are HlV -positive. May 2, 1994 cupertino City Council Jage 2 þ CONSENT CALENDAR It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried unanimously to adopt the consent calendar as recommended, with corrections as noted to the minutes. 1. Resolution No. 9082; "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for General and Miscellaneous Expenditures for thePeriodEndingApriI15,1994." 2. Resolution No. 9083: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending April 22, 1994." 3. Resolution No. 9084: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending April 22, 1994." 4. Resolution No. 9085: "A Resolution of the City Council of the City of Cupertino Setting Date for Consideration of Annexing Area Designated 'Stelling 94-02', Propel1V Located on the West Side of Stelling Road Between Rainbow Drive and Squirel11ll Court; Approximately 0.32 Acre, Shvarts (APN 362-23-035)." þ 5. Approval of minutes of the meeting of April 18, 1994. The City Clerk noted that item No. 16 should be amended to reflect that Comm. Dean and Burnett abstained instead of voting no. 6. Resolution No. 9086; "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 8 for Cupertino Nine School Site Improvements, Project 93-9106." 7. Resolution No. 9087; "A Resolution of the City Council of the City of Cupertino Accepting Inevocable Offer to Dedicate Property for Street Purposes ftom the Roman Catholic Bishop of San Jose, a Corporation Sole, Successor, to Roman Catholic Archbishop of San Francisco; and Rancho San Antonio Retirement Housing Corporation; South of Route 280, West of Foothill Boulevard." 8. Resolution No. 9088: "A Resolution of the City Council of the City of Cupertino Authorizing Closure of Vall co Park Assessment District No. 74-1 and Transfer of Excess Funds to the General Fund." 9. Resolution No. 9089: "A Resolution of the City Council of the City of Cupertino Authorizing Closure of Vall co Park Assessment District No. 74-2 and Transfer of Excess Funds to the General Fund." , . May 2,1994 Cupertino City CouøçjJ rap 3 . !O. Resolution No. 9090: "A Resolution of the City Council of the City of Cupertino Authorizing Closure of Crossroads Assessment District No. 71-2 and Transfer of Excess Funds to the General Fund." 11. Resolution No. 9091: "A Resolution of the City Council of the City of Cupertino Authorizing Closure of DeAnza Asonsment Distri(.1 No. 76-14 and Transfer of Excess Funds to the Genera1 Fund." 12. Review of Alcoholic Beverage Control license for China Rose Restaurant, 20956A Homestead Road. 13. Request for authorization to termin"t.. janitorial contract with Central Maintenance Company. 14. Request fÌ'Om American Heart Association for waiver of use fee at Cupertino Senior Center for a fund raiser on May 14, 1994. ~ Members of the City Council þ AYES: NOES: ABSENT: ABSTAIN; Bautista, Burnett, Dean, Koppel, and Sorensen. None None None PUBLIC HEARINGS IS. Applications No. 81,150 and 16-EA-93 - City of Cupertino - Amendment to Chapters 19.96 and 11.29 of the Cupertino Municipal Code, including regulations regarding recreational vehicles. (a) First f"'J'dil1g of Ordinance No. 1650: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.96, Parting and Keeping of Vehicles in Various Zones, and Chapter 11.29 of the Cupertino Municipal Code, On-Site Parking. of the Cupertino Municipal Code." The Community Development Director reviewed the staff report. He noted that the discussion tonight pertained only to off-street parking. and it would still be legal for recreational vehicles to be parked on the street as long as they were moved every 72 hoDr$. The public hearing was opened. Ms. JoAnn Olah, 879 Brent Drive, said she owned a 32-foot recreational vehicle but was considering purchasing a larger one and she was concerned about the complications this new law may cause. The cost of parking a larger RV in a storage yard instead of on their property would be $60-$85 per month, plus the recreational vehicle insurance would go up by 200A.. May 2, 1994 Cupertino City Council Page 4 . She noted that in an emergency, such as an earthquake, the RV's were a valuable resource for shelter, a generator, shower!J and cooking facilities. Mr. David Langlais, 10672 Deep Cliffe Drive, said the: neighbors on St. Andrews Avenue and Deep Cliffe Drive are in favor of this ordinance. The spirit of the ordinance is to preserve, protect, and enhance property values but as it is currently written it is too vague. It is the community at large that decides, through the Planning Commission, what is unsightly. Mr. Langlais felt that a 33-foot limit for parallel parking was still too long. . Mr. Dick Modlin, 22448 St. Andrews Avenue, said he was the owner of the motorhome about which this issue was raised. When he first purchased the RV he contacted the Planning Department to determine what the current laws were about parking the vehicle on his property. Several thousand dollars were spent in pouring the concrete pad, and hundreds more spent landscaping around it, which was not a requirement. The RV would be screened from view in three or four years. Mr. Modlin said that when the neighbors complained, the Planning Commission began a course of legislative action design to change the existing law to address a matter which was really a dispute between neighbors and the propo$ed ordinance was. a broad-based policy change aimed at a few residents. Mr. Modlin spent additional funds to remove a portion of the concrete pad which was over the limit allowed, but the Commission persisted in trying to change the ordinance and make it retroactive. He said that staff had been ordered by the Commission to find a loophole, which was identified as a health and public safety issue, and therefore the RV had to be moved immediately. Mr. Modlin said that the City only enforces the current parking ordinance when there is a complaint. If the Council passes the ordinance as proposed, it would be unfair, biased, and discriminatory. In his case, there was not even a violation of the current ordinance. Mr. Modlin suggested that the ordinar.ce instead be changed to require the planting of screening vegetation. The Community Development Director said staff did work with Mr. Modlin bec"lIY' the ordinance prevented them ftom di$a1lowing his concrete p!Id. The ordinance had a flaw in it since it only specifies that there must be an impervious surface and it limits the amount that can be poured, but it does not regulate the Olientation of the vehicle parked there. . The City Attorney explained that the propo$ed change to the parking ordinance would have an affect on the City's police power, and Council could cause the ordinance to be applied to individuals even though they had acted in compliance with the previous ordinance. He said that he would not comment on the fairness of the City taking such 8"tion unless it were discussed in clo$ed session. However, this is the fust time this problem has occu:red and it was unfortunate that the property owner had been insensitive to his neighbors, which led to this May 2, 1994 Cupertino City Council Pages . dispute. The City Attomey said to cause someone to desist from an activity or situation which was otherwise legal, the City would have to identify some health and safety reasons. Mr. Greg Beall, 22437 St Andrews Avenue, said it became apparent that Mr. Modlin planned to park the RV across the front of his property, so Mr. Beall contacted City staff and was assured that it would not be allowed by the CUJTeDt parking ordinance and that code enforcement would contacl Mr. Modlin. When preparations for pouring the pad began. he again contacted staff and was told that Mr. Modlin would be sent a copy of the ordinance. After the concrete was poured, he contacted staff and was told that Mr. Modlin would have to remove it. Later he was told that the code was unenforceable and the concrete and the RV could remain there. Staff knew tlùs was not the intention of the ordinance and encouraged him to raise the issue tefore the Planning Commission, and tlùs was not an issue just between him and Mr. Modlin. The majority of residents on the street were opposed to the para1lel parking on lots because of the impact on aesthetics and the potential impact on property values. Mr. Beall said he agreed with the Commission's recommendations except for the 33-foot limit for RV's and suggested it be reduced to a 30-foot limit In response to a question by Council, Mr. Beall said that no-one in the neighborhood had talked to Mr. Modlin about the situation, but had relied on the infonnation given them by City staff. . Ms. Anne Hart, :~2423 St. Andrews Avenue, suggested that the focus not be just on St. Andrews A venue but on doing what is right for the entire community. Mr. George Moustaka, '200570 Sunrise Dr., said he had notified his neighbors when he sold a previous mli!omome to pll"Cbase a 33-foot motorhome which he stored on his property. The prob::-m in this case seems to be that Mr. Modlin did something without considering the neighbors. This is the first complaint about a motorhome, but Council's action may create a hardship for many motorhome owners. Mr. Moustaka said that aesthetics and valuation were not easily measured, and asked Council to leave the ordinance as it is. Mr. Dean Sayre, 10805 S. Stevens Canyon Rd., said that Council should stop "micro-IJ1Anaging" and that there was already too much government. He noted that he had bought a house many years ago with a view over the valley, and that view was now blocked by the Deep Cliffe development In another case, a neighbor planted a tree on his property line which he wishes to remove 1--..,,- of the leaf drop and problems caused by the roots, but the City must give pennission to take it down. He said that Council ",,-as too selective in what they decided to do. þ The public hearing was closed. Mayor Koppel said tlùs was not a one-person issue, there were many RVs in the community, and she had been told by appraisers and real estate agents t.hat RVs did have an impact on the ability to sell property. May 2, 1994 Cupertino City Council Page 6 The City Attorney said that if Council wished to go into closed session, it would only be for the purpose of instituting some sort of legal action against Mr. Modlin which may have some bearing on how tbey decide this ordinance. CLOSED SESSION At 7:45 p.m. the City Council recessed to closed session. At 8: I 5 p.m., Ccuncil reconvened. 15. Applications No. 81,150 and I6-EA-93 (C:ODtinUed) The City Attomey said that Council had met in closed session under Government Section S49S6.9(c) regarding initiating possible litigation again Mr. Modlin. There was some discussion regarding the process and consequences of that type of potential action. However, Council took no action with respect to that idea. Council was also advised in closed session of the potential liability and potential chances of success with respect to that type of litigation. He noted that Mr. Modlin's attorney was present and wished to speak. Mayor Koppel reopened the public hearing. Mr. Mike Porrazzo, 96 North Third Street, No. 550, San Jose, said he represented Mr. Modlin. He was concerned about Council meeting in closed session regarding possible civil action against his client under a law which has not been enacted for a violation which has not yet occurred. He said that he had not given much consideration to the appropriateness of this closed session other than a brief discussion with the City Attorney, but that the proposed ordinance might be violative of certain conditions or technical provisions because it appears to be enacted under the City's police power which, even given the broadest $COpe, must still be based upon some health and safety issues. There has not been one raised, although there appears to be an issue of aesthetics. Even with the JVlSS88e of this proposed ordinance recreational vehicles could still be parked in ftont of or on the property. Although Council may wish to protect property values that is not within their province and should be left to the market place. The public hearing was closed. Counc. Bautista said this issue should be dealt with because there were significant health and !J8fety issues involved. Perpendicular parking on the lot is better in terms of allowing access to the property in the event of a fire, etc. He did not favor any length restrictions on vehicles that were parked perpendicularly on the lot, and did not think the issue of vehicle ownership was significant. Counc. Bautista made a motion that Council adopt this ordinance to (I) restrict parallel parking to vehicles that are up to 20 feet in length; (2) I1Q1 to impose any length restriction on vehicles which were parked perpendicularly; (3) I1Q1 to restrict whether or not the vehicle is owned by the occupant; and (4) establish a phase-in period of one year so the ordinance would take effect one year after its May 2, 1994 Cupertino City Council Page 7 . enactment. Counc. Sorensen seconded. The City Attorney asked if intent of the me,tion was to have a phase-in period only for vehicles that were already parked in locations which would be in violation of the new, or ifit would pertain to all vehicles. Counc. Bautista amended his motion that only those vehicles in violation would be given the one-year phase-in period. Counc. Sorensen agreed with the amendment Counc. Dean said that Mr. Modlin had followed the rules and Council understands his point of view. He asked if the RV was parked on the side of the house, and there was a 20-foot setback, could the RV penetrate into the setback? Counc. Bautista explained that his motion would allow any vehicle of any length to be parked perpendicular to the street regardless of the setback. Counc. Sorensen said she seconded the motion beca~lse she was wanted to have the vehicles parked perpendicular as proposed to parallel, and if the rules were too onerous it would force people into parking on the street and moving their vehicles every 72 hours . Counc. Dean said he was concerned about creating the ability to have the RV extend up to the sidewalk. Mayor Koppel agreed with Counc. Dean. She said she liked RVs but the parking situation was a form of blight. . Counc. Bautista said they could not cure any situation that people feel is aesthetically unpleasant, but they could craft a simple ordinance that was easy to manage and one that is fair. The final issue was one of neighbors respecting each other. Counc. Sorensen noted that there were many homes in the City that did not have sidewalks. The Community Development Director said that the vehicles would not be allowed to park into the public street Counc. Burnett said this was a good compromise and it serves as a better control of the aesthetic impacts on the community. The City Attorney said that if Counc. Bautista's motion is adopted, the matter would have to be continued for a first reading and public hearing, but that Council may wish to take a straw vote. . Counc. Dean said he di1 not like the proposal to allow vehicles into the setback and wanted to create an incentive to keep them out of the setback area. A large vehicle parked up to the edge of the sidewalk could prove to be a large scale distraction. Counc. Burnett said that a very large vehicle would have an impact on the neighbor's house because it would either impact the neighbors across the street or would loom over the adjacent home. Counc. Dean noted that some communities don't tolerate it at all, but he did not wish to be that strict He said May 1. \994 Cu~ino City Council Page I · he would meet with George Moustaka to see if they could come up with some other ideas. It was moved by Counc. Sorensen, seconded by Coone. Bautista, and carried unanimously to continue this item to the next meeting and direct sta1fto amend the wording as discussed. NEW BUSINESS 16. Consideration of funding request in the amount of$330,800 from Community Housing Developers, Inc. · Mr. Kerry Williams, 255 N. Market Street, San Jose, represented Community Housing Developers. He explained that this funding would help them establish a cash flow so they can begin payment to the City. The proposal was to obtain a loan to finance the acquisition and rehabilitation of one 8-unit multi·family project. The deal must be made quickly because the interest rates are going up. They would purchase the property slightly below market price, with a loan ftom the City and conventional lenders, so they would be able to keep the rents lower. He discussed deferred maintenance costs. Mr. WilliaID$ said they anticipate owning the building for the life of the property, but there was a resale restriction on prospective buyers. The Community Development Director added that Council would want to be able to sell it to another non-profit developer, and the rent held at a certain level. Mr. Dean Sayre, 10805 S. Stevens Canyon Rd., said that low-income housing was an oxymoron for this community. He discussed the cost of housing and said the City was spending tens of thousands of dollars to upgrade the City, it was worried about property values, and yet was trying to put in low-income housing. The City Attorney referred to the restrictions discussed by the Community Development Director and said they could remain in place as long as the loan exists. Counc. Bautista said this proposal was good beca'lse the City would not bave to build additional housing and could still get credit from the State for adding low- income housing units. He said he wanted to see what the units looked like before and after they were repaired. Counc. Sorensen said that external improvements often benefited the neighborhood too. Counc. Burnett felt this was a good neighborhood for the project. · Mr. WilliaID$ discussed the improvements that they anticipate might be needed such as fencing, ded.:ing and some internal improvements. Counc. Bautista said he would be in favor of conditioning the loan to a minimum of $6,500 for repairs to each unit to make sure the money goes to the permanent improvement of the May 2, 1994 Cupertino City Council Page 9 þ property. Mayor Koppel said that figure may be too high if the units had been well maintained. Mr. Williams said they would inspect the pMperty and provide repair estimates to staff. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried unanimously to authorize the transfers as detailed in Attachment A to the staff report, and to proceed with the purchase of eight units on park Circle West, with the following conditions: (1) The terms of the $330,800 loan sba1I be negotiated with the City of Cupertino's Loan Committee so that replayment shall begin within 20 years. On an annual basis the Committee shall review the cash flow of the complex to see if payments may be accelerated. (2) First priority for occupation of the units shall be given to current Cupertino residents, second priority to individuals working or attending school in Cupertino, third priority to individuals having immediate familial ties to residents of Cupertino (sons, daughters etc. of Cupertino residents). . (3) The first vacancy shall be used to relocate a current resident of a City-owned townhouse, so that the tenant's rent is more affordable. This condition is subject to qualification of the tenant. 17. Selection of dates for 1994-95 budget study session and public hearing for adoption of tina1 budget. (Staff recommends either May 31 or June 2, 7:00 p.m., for study session and June 20 for public hearing to adopt final budget.). Council concurred to $elect May 31 and June 2, 1994, as the dates for the budget meetings. 18. First reading of Ordinance No. 165 I; "An Ordinance of the City Council of the City of Cupertino Amending Chapter 14.24 of the Cupertino Municipal Code entitled 'Underground Utilities-New Developments'." The City Clerk read the ordinance title. It was moved by Counc. Sorensen, !Jeconded by Counc. Burnett, and pas$ed u....nimously that Ordinance No. 165 I be read by title only, and the Clerk's reading to constitute the first reading thereof. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimousiy to approve Ordinance No. 1651 for first reading. . 19. First reading of Ordinance No. 1652: "An Ordinance of the City Council of the City of Cupertino Amending Sections 14.04.010, 14.04.110 and 14.04.160 and Adding Section 14.04.175 to Chapter 14.04 of the Cupertino Municipal Code entitled 'Street Improvements'." May 2, 1994 CUpertino City Counçj Page 10 The City Clerk read the ordinance title. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously that Ordinance No. 1652 be read by title only, and the Clerk's reading to constitute the first reading thereof. It was moved by Counc. Sorensen, seconded by Counc. Bwnett, and passed unanimously to approve Ordinance No. 1652 for first reading. 20. First reading of Ordinance No. 1653: "An Ordinance of the City Council of the City of Cupertino Amending Title 18 of the Cupertino Municipal Code Entitled 'Subdivisions' by Adding Thereto a New Chapter 14 entitled 'Street Facility Reimbur.;ement Charges'." The City Clerk read the ordinance title. It was moved by Counc. Sorensen, seconded by COImc. Bwnett, and passed unanimously that Ordinance No. 1653 be read by title only, and the Clerk's reading to constitute the first reading thereof. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed with Counc. Bautista and Dean voting no to approve Ordinance No. 1653 for first reading. Mayor Koppel reordered the agenda so that item No. 21, Cupertino Sports Center, would be discussed after the closed $CSSion. ORDINANCES 22. Second reading and enactment of Ordinance No. 1649: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.160 of the Cupertino Municipal Code Relating to the Riding of Bicycles on Pedestrian Facilities." The City Clerk read the title of the ordinance. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously to read Ordinance No. 1649 by title only and the City Clerk's ~ing to constitute the second re9i1il'lg thereof. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously that Ordinance No. 1649 be enacted. 23. Sxond reading and enactment of Ordinance No. 1647: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 10.25 of the Cupertino Municipal Cede to Regulate Smoking in Public Places." The City Clerk read the title of the ordinance. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously to read Ordinance No. 1647 by title only and the City Clerk's ,...,.iling to constitute the second reading thereof. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously that Ordinance No. 1647 be enacted. May 2, í 994 cupertino City COWlCil Pap 11 þ COUNCIL REPORTS Mayor Koppel announced the resignation of the Santa Clara County Cities Association Executive Director. She said there was nothing new on Measure A. and that plans for the Highway 85 celebration were moving ahead. The City Manager reviewed the recommendations of the Legislative Review Committee, as follows; (I) Oppose AD 2629 (Haynes). This bill would broaden cities inverse condemnation liability to include personal property damage. (2) Support AB 3396 (Aguiar), regarding reimbursement for requirements of the Brown Act, to limit the Controller's Office ftom imposing retroactive record keeping requirements for Brown Act claims; and (3) Support AB 3754 (Caldera) which would authorize a benefit assessment on property owners for Parking and Business Improvement areas. It was moved by Counc. Bautista, seconded by Counc. Dean, and carried unanimously to adopt the "--commendations of the Legislative Review Committee. . Counc. Burnett said he attended a meeting of the Association of Bay Area Governments and the main subject was reorganizing and restructuring government. The principle focus will be to combine some things to make them more efficient and to tty to match up responsibility for ,. mding and operations. He disagreed with their decision to do away with the two-thirds requirement for passing bond issues and to replace it with a super-majority requirement. He said they also endorsed the concept of the Information Superhighway. Counc. Burnett referred to a water commission meeting he attended and said rates will be unchanged for the next year, although everyone is urged to continue conservation efforts. Mayor Koppel said that she and the City Manager attended the Joint Venture Public Sector round table, which meets quarterly. There were still mixed feelings on some of the initiatives but for the most part there was support for this year. The cities were concerned about this being an annual budget item, but Joint Venture Silicon Valley seems headed in the right direction. CLOSED SESSION At 9; 17 p.m., City Council recessed to a closed session to discuss: (I) Negotiations for purchase, sale, exchange, or lease of real property (Government Code Section 54956.8) - Potential purchase of property located at 10062 Miller Avenue; and . (2) Initiating litigation (Government Code Section 54956.9(c) - Possible lawsuit re Jim Trenner. May 2, 1994 Cupertino City CoUIICil Page 12 . At 9:45 p.rn. Council reconvened. It was moved by Counc. Sorensen, seconded by Counc. Koppel, and carried with Counc. Dean absent to authorize staff to administer a potential loan to the Midpeninsu1a Housing Coalition for up to $950,000 ofCDBG funds to be used for the possible purchase of property on 10062 Miller Avenue. NEW BUSINESS (continued) 21. Cupertino Sports Center (Continued from meeting of April 18, 1994). (a) Resolution No. 9081 : "A Resolution of the City C-auncil of the City of Cupertino Authorizing Execution of Agreement with Jim Trenner Tennis For Tennis Instruction at the Cupertino Sports Center." The City Auomey announced that, after clo$ed session discussions regarding possible litigation regarding James Trenner, it was decided at this point that the City Council would not execute its new contract for tennis instruction with Mr. Trenner. It was moved by Mayor Koppel, seconded by Counc. Sorensen, and carried with Counc. Dean absent and Counc. Burnett abstaining. Counc. Burnett abstained from participation on this item because of a potential conflict of interest. ADJOURNMENT . At 9;50 p.m. the meeting was adjourned. Ä-~tL Kim Marie Smith City Clerk .